A search warrant is an order signed by a judge that gives police officers the right to search a specific place for specific objects or materials. In order to have a search warrant issued, the requesting officer must show that "probable cause" exists.
The 4th Amendment to the United States Constitution guarantees to all citizens the right to be free from unreasonable searches and seizures of person and/or property. While exceptions to the general rule exist, the 4th Amendment requires that police have a valid search warrant to conduct a search and/or seizure of your person and property.
Probable cause is a legal standard wherein the officer has in his or her possession facts and circumstances within the police officer’s knowledge that provide a "reasonably trustworthy basis for a man of reasonable caution to believe that a criminal offense has been committed or is about to take place." (Carroll v. United States, 267 U.S. 132)
There are specific instances where a police officer can validly search you or your property without a warrant. These situations include:
There are circumstances where a search warrant is invalid. Consequently, the resulting search will be deemed unconstitutional. A search warrant may be illegal for the following reasons:
Yes. A qualified criminal defense attorney will be able to determine whether the police followed the proper procedure in conducting a search. The attorney will also be able to determine whether your constitutional rights were violated. If your attorney successfully argues that your 4th Amendment rights were violated, evidence uncovered during the unlawful search will be deemed inadmissible.
Last Modified: 03-13-2015 03:55 PM PDTLaw Library Disclaimer
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